SMITH v. STATE

No. 80-175.

390 So.2d 813 (1980)

Bennett Andre SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 3, 1980.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Mary Sue Donsky, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

On September 20, 1979, appellant suffered an adverse jury verdict and a written judgment and order imposing sentence was entered. The trial court extended the time for filing a motion for new trial "to the maximum period allowed by law." Under Florida Rules of Criminal Procedure 3.590(a) this was fifteen days after the rendition of the verdict, or until October 5, 1979. The motion for new trial was filed October 8, 1979, and denied on December 17, 1979...

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